DATE: 20060228
DOCKET: C43709
COURT OF APPEAL FOR ONTARIO
RE:
SHUBHRENDU NANDY cob DISTRIBUTED SYSTEM LINKS (Appellant) –and- THE ATTORNEY GENERAL OF CANADA (Respondent)
BEFORE:
LABROSSE, BLAIR and ROULEAU JJ.A.
COUNSEL:
Wayne Cusack
for the appellant
Alexander Gay
for the respondent
HEARD & RELEASED ORALLY:
February 24, 2006
On appeal from the order of Justice Denis Power of the Superior Court of Justice, dated May 17 2005 made at Ottawa, Ontario.
E N D O R S E M E N T
[1] The appellant brought a claim against the Attorney General of Canada (“the respondent”) seeking damages for the improper rejecting of his proposal submitted in response to a Request for Proposal (“RFP”) for the provision of Informatics Professional Services.
[2] The appellant’s proposal was rejected by the respondent on the grounds that the level of security clearance required was not held by all the persons whose services the appellant proposed to use at the time the contract was to issue.
[3] The appellant appeals the order of Power J. granting partial summary judgment to the respondent and dismissing part of the appellant’s claim on the basis that there was no triable issue with respect to the improper rejecting of his proposal (paragraphs 4 to 16 of the Statement of Claim).
[4] The motions judge reviewed in detail the RFP documents issued by the respondent. They contained mandatory requirements, one of which, he held, was that at the time of issuance of the contract, the proposer and his primary resources/employees needed to have enhanced reliability security screening checks. The appellant’s proposal did not meet the mandatory security requirements and no contract was awarded to him.
[5] In our view, the motions judge based his decision on the RFP documents and on the statement of claim. He construed the RFP documents, found no ambiguity, and concluded that the applicable security requirements had not been met.
[6] We see no basis to interfere with his decision.
[7] The appeal is dismissed, with costs fixed at $9,000.00 all inclusive.